Florida law firms and AI data licensing: what the ethics guidance says

What Florida ethics guidance on generative AI and client confidentiality implies for a law firm thinking about licensing records to an AI buyer.

Last updated 5 sources cited1 min read

Short answer: Florida Bar Ethics Opinion 24-1 recommends getting 'the affected client's informed consent prior to utilizing a third-party generative AI program if the utilization would involve the disclosure of any confidential information.' It flags 'self-learning' programs that may store client information and reveal it later.

On this page
  1. Read this first
  2. What the opinion says
  3. What's different in Florida
  4. What it implies for licensing
  5. Program rules still apply
  6. Frequently asked questions
  7. Sources

Read this first

None of these opinions addresses licensing records to an AI training buyer directly. They address lawyers putting client information into generative AI tools. Their reasoning about tools that store inputs or train on them is the closest published guidance, so we summarize what each says and what it implies.

What the opinion says

Opinion 24-1 (January 19, 2024) applies Rule 4-1.6. It says 'it is recommended that a lawyer obtain the affected client's informed consent prior to utilizing a third-party generative AI program if the utilization would involve the disclosure of any confidential information' (Florida Bar Op. 24-1).

What's different in Florida

It describes the risk of 'self-learning' AI, which 'raises the possibility that a client's information may be stored within the program and revealed in response to future inquiries by third parties.' It also says that if a program doesn't disclose confidential information to a third party, client consent isn't required under Rule 4-1.6, which is why in-house tools are treated differently.

What it implies for licensing

Training a third party's model on client records is the self-learning risk in its most direct form. A Florida firm should assume informed consent is needed for anything confidential, and that firm-owned material is the practical scope.

Program rules still apply

Mode lists minimum team sizes of 10+ employees for legal, 15+ for accounting, medical and finance, and 50+ for all other businesses, for companies based in the US, Canada, the UK or Australia with several years of records they own (Mode). micro1 asks for 30+ employees, mostly English data, and says it is prioritizing US companies (micro1).

This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.

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Frequently asked questions

Does Florida have a rule specifically about selling firm data to AI?

Not that we found. The published guidance addresses lawyers' use of AI tools; we apply its reasoning.

Is client consent the answer?

Consent can permit disclosure, but it must be informed. Ethics counsel should decide whether consent is practical for your clients.

What about ABA guidance?

ABA Formal Opinion 512 (July 2024) covers lawyers' use of generative AI tools under the Model Rules.

Sources

  1. Florida Bar Ethics Opinion 24-1 (Jan 19, 2024)floridabar.org
  2. ABA Formal Opinion 512 on generative AI tools (July 2024)americanbar.org
  3. ABA Model Rule 1.6, Confidentiality of Informationamericanbar.org
  4. Mode / BizBuyData referral pagebizbuydata.com
  5. micro1 company referral pagemicro1.ai

Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.

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